Basher Posted January 28, 2005 Report Share Posted January 28, 2005 And yes, the journalist's real name is WENDY COX ! High court says masturbation at home not an offence if seen by neighbours Thu Jan 27, 6:26 PM ET WENDY COX VANCOUVER (CP) - The Supreme Court of Canada has ruled that masturbating at home is not an offence, even if the activity can be seen by peeking neighbours. The case centred on whether a private space - Daryl Clark's living room - became public because others could view it. The high court said No in a unanimous ruling Thursday. "The living room of his private home was not a place 'to which the public (had) access as of right or by invitation, express or implied,' " Justice Morris Fish wrote, quoting the Criminal Code. "I do not believe it (access) contemplates the ability of those who are neither entitled nor invited to enter a place to see or hear from the outside, through uncovered windows or open doors, what is transpiring within." On Oct. 28, 2000, Clark's neighbours across his backyard in Nanaimo, B.C., noticed "some movement" in Clark's living room. The woman had been watching television with her two young daughters in their family room, a room lit only by a television screen and light from the adjoining kitchen. The woman moved to another room for a better view, then called her husband. The pair watched Clark for up to 15 minutes from the privacy of their darkened bedroom. The court found they took care to avoid being seen by Clark, peering out from underneath their partially lowered blinds. Later, the woman's husband fetched a pair of binoculars and a telescope. He also tried, unsuccessfully, to videotape Clark in action, says the judgment. The judgment notes the pair were "understandably concerned" because they feared Clark was "masturbating to our children." The neighbours, who are identified only as Mr. and Mrs. S, called police. The officer was able to see Clark from his belly up from the neighbour's bedroom and from the neck or shoulders up from the street level. But Clark was charged after the police officer shone his flashlight in Clark's window at close range. The trial judge concluded he had "converted" his living room into a public place and the B.C. Court of Appeal upheld the conviction. Clark was given a four-month sentence. Gil McKinnon, Clark's lawyer, said his client is happy with the outcome and glad to be getting on with his life, but he's not interested in talking about his court fight. McKinnon said the Supreme Court rejected the notion that people's private living spaces can be turned into public places just because someone can see inside. "A person has the freedom in his or her own living room to do whatever they choose to do and is not caught by the criminal law if they have no intent to offend or insult someone who may not be on that private property." The protection isn't extended to someone who commits an indecent act on their own property with the intention of letting the neighbours see it. But in this case, the evidence suggested Clark had no idea he was being watched, the court found. John Russell, president of the B.C. Civil Liberties Association, said he was surprised the case got before the courts in the first place. But he said he was relieved the ruling went the way it did. If it had gone the other way, "we would have to be a lot more careful about closing the drapes or covering up. "In fact, most Canadians are careful in those ways and it would appear that the poor man had just failed to take the formal precautions." Link to comment Share on other sites More sharing options...
PhishyK Posted January 29, 2005 Report Share Posted January 29, 2005 How could they not mention how goddamn embarrassing that must be for the poor guy, especially now that he's been vindicated! *shakes head* (not that I've ever masturbated) Link to comment Share on other sites More sharing options...
questcequecest? Posted January 29, 2005 Report Share Posted January 29, 2005 The woman moved to another room for a better view, then called her husband. The pair watched Clark for up to 15 minutes from the privacy of their darkened bedroom. The court found they took care to avoid being seen by Clark, peering out from underneath their partially lowered blinds. Later, the woman's husband fetched a pair of binoculars and a telescope. He also tried, unsuccessfully, to videotape Clark in action, says the judgment. seems kinda ass-backwards to me. charge the creeps next time. Link to comment Share on other sites More sharing options...
Calamity Jane Posted January 29, 2005 Report Share Posted January 29, 2005 Thank God for sanity at some level in our court system. Can you imagine the lunacy of trying to enforce a no-masturbating-at-home rule? (almost as nutty as trying to prevent people from smoking pot at home. Or baking it into cakes as Grannies are want to do.) The woman moved to another room for a better view, then called her husband. The pair watched Clark for up to 15 minutes from the privacy of their darkened bedroom. The court found they took care to avoid being seen by Clark, peering out from underneath their partially lowered blinds. Later, the woman's husband fetched a pair of binoculars and a telescope. He also tried, unsuccessfully, to videotape Clark in action, says the judgment. this is hilarious -- probably the most action that couple had seen in awhile. :: it also puts me in mind of a Monty Python sketch where neighbourhood gossips/snoops have Hubble-size telescopes in their living rooms so that they can keep apprised of all the neighbours' goings-on (Hmmmmmmm....goings-on OR going-ons???) Link to comment Share on other sites More sharing options...
dark_starr Posted January 29, 2005 Report Share Posted January 29, 2005 It least I don't have to worry anymore about being arrested... Link to comment Share on other sites More sharing options...
paisley Posted January 29, 2005 Report Share Posted January 29, 2005 or closing the blinds anymore... :: Link to comment Share on other sites More sharing options...
Paan Posted January 29, 2005 Report Share Posted January 29, 2005 Whew!!! Otherwise I'd be serving 6 life sentences. Link to comment Share on other sites More sharing options...
Del Posted January 29, 2005 Report Share Posted January 29, 2005 I have the feeling a lot of people would be doing life without parole if this had passed... An absolutely frivolous lawsuit... The fact that they admitted trying to film it makes it all the more ridiculous... Isn't there a law against filming people against their will? If so, I hope this dude tries for a counter-suit and I hope he wins - large... Link to comment Share on other sites More sharing options...
Douglas Posted January 29, 2005 Report Share Posted January 29, 2005 Masturbation at home not an offence!! GIVE 'ER! Link to comment Share on other sites More sharing options...
PassedOutGuy Posted January 29, 2005 Report Share Posted January 29, 2005 atta girl... Link to comment Share on other sites More sharing options...
SaggyBalls Posted January 29, 2005 Report Share Posted January 29, 2005 i always figured that if anybody wanted to peep on me they'd be sorry. now i know they will if they ever try to make issue of my nights of kink.now...all i have to do is start doing that and messing with any future neighbours. Link to comment Share on other sites More sharing options...
hamilton Posted January 29, 2005 Report Share Posted January 29, 2005 (Hmmmmmmm....goings-on OR going-ons???) Goings-on. It's like "passers-by". Fu©k, I need to get a life... Link to comment Share on other sites More sharing options...
MarcO Posted January 29, 2005 Report Share Posted January 29, 2005 Masturbating is dirty. Am I the only one willing to consider the children? What about the children? Link to comment Share on other sites More sharing options...
Booche Posted January 29, 2005 Report Share Posted January 29, 2005 Can someone PLEASE explain to me how I just got busted ?Low Roller may never be the same yet I am the one that got a ticket for his faults? Link to comment Share on other sites More sharing options...
MarcO Posted January 29, 2005 Report Share Posted January 29, 2005 pictures of lily Link to comment Share on other sites More sharing options...
Calamity Jane Posted January 29, 2005 Report Share Posted January 29, 2005 Masturbating is dirty. Am I the only one willing to consider the children? What about the children? No, no, I'm thinking of the children too. In fact, as a mom, I intend to teach my girls how to get themselves off. Learn how to pleasure yourself FIRST is my motto!! My daughter had her first sex-toy at age 6. Link to comment Share on other sites More sharing options...
Guest Low Roller Posted January 29, 2005 Report Share Posted January 29, 2005 Low Roller may never be the same yet I am the one that got a ticket for his faults? I got an outie you blind drunken freak. Link to comment Share on other sites More sharing options...
Calamity Jane Posted January 30, 2005 Report Share Posted January 30, 2005 (Hmmmmmmm....goings-on OR going-ons???) Goings-on. It's like "passers-by". Fu©k, I need to get a life... thanks Hamilton. So I suggest you add 'copy editor' to your bio occupation. "Contract Killer and Copy Editor" Nice ring to it. I'll let you know when I'm in need of your first service! :: Link to comment Share on other sites More sharing options...
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